Texas 2015 - 84th Regular

Texas House Bill HB3150 Compare Versions

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1-By: Huberty, Hunter (Senate Sponsor - Creighton) H.B. No. 3150
2- (In the Senate - Received from the House May 11, 2015;
3- May 11, 2015, read first time and referred to Committee on Natural
4- Resources and Economic Development; May 18, 2015, rereferred to
5- Committee on Business and Commerce; May 24, 2015, reported
6- favorably by the following vote: Yeas 7, Nays 1; May 24, 2015, sent
7- to printer.)
1+H.B. No. 3150
82
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10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to the calculation of taxable wages paid by a professional
136 employer organization for purposes of the Texas Unemployment
147 Compensation Act.
158 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
169 SECTION 1. Section 91.044, Labor Code, is amended by
1710 amending Subsection (a) and adding Subsections (a-1) and (a-2) to
1811 read as follows:
1912 (a) A license holder is the employer of a covered employee
2013 for purposes of Subtitle A, Title 4, and, except for wages subject
2114 to Section 91.032(c), for purposes of Chapter 61.
2215 (a-1) A license holder may, in a calendar year during which
2316 an employee becomes a covered employee of the license holder, apply
2417 toward the maximum amount of taxable wages established in Section
2518 201.082(1) any wages paid to the employee in that calendar year by:
2619 (1) the client; or
2720 (2) another license holder under a prior professional
2821 employer services agreement with that client.
2922 (a-2) In addition to any other reports required to be filed
3023 by law, a license holder shall report quarterly to the Texas
3124 Workforce Commission on a form prescribed by the Texas Workforce
3225 Commission the name, address, telephone number, federal income tax
3326 identification number, and classification code according to the
3427 North American Industry Classification System [as described in the
3528 "Standard Industrial Classification Manual" published by the
3629 United States Office of Management and Budget] of each client.
3730 SECTION 2. Section 201.101, Labor Code, is amended to read
3831 as follows:
3932 Sec. 201.101. CONFORMITY WITH FEDERAL STATUTES. If the
4033 United States secretary of labor holds that Section 91.044(a-1) or
4134 a provision of this subtitle does not conform with a federal
4235 statute, the commission may administer Section 91.044(a-1) or this
4336 subtitle, as applicable, to conform with the federal statute until
4437 the legislature meets in its next session and has an opportunity to
4538 amend the applicable law [this subtitle].
4639 SECTION 3. The change in law made by this Act applies only
4740 to contributions and withholdings required under Subtitle A, Title
4841 4, Labor Code, due for employment services rendered on or after
4942 January 1, 2016.
5043 SECTION 4. This Act takes effect September 1, 2015.
51- * * * * *
44+ ______________________________ ______________________________
45+ President of the Senate Speaker of the House
46+ I certify that H.B. No. 3150 was passed by the House on May 7,
47+ 2015, by the following vote: Yeas 143, Nays 0, 2 present, not
48+ voting.
49+ ______________________________
50+ Chief Clerk of the House
51+ I certify that H.B. No. 3150 was passed by the Senate on May
52+ 25, 2015, by the following vote: Yeas 27, Nays 4.
53+ ______________________________
54+ Secretary of the Senate
55+ APPROVED: _____________________
56+ Date
57+ _____________________
58+ Governor